although Rule 41(b) does not expressly provide for sua sponte dismissal, Rule 41(b) does not imply any such restriction and a court has the inherent power to dismiss a case for lack of prosecution or violation of a court order
How later courts described this case
- although Rule 41(b) does not expressly provide for sua sponte dismissal, Rule 41(b) does not imply any such restriction and a court has the inherent power to dismiss a case for lack of prosecution or violation of a court order
Written by the judges who cited it.
The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL CASE NO. 5:21-cv-00024-MR
MARCUS RANDALL BROWN, )
)
Plaintiff, )
)
vs. )
)
CARLOS HERNANDEZ, et al., ) ORDER
)
Defendants. )
_______________________________ )
THIS MATTER is before the Court sua sponte.
The pro se incarcerated Plaintiff filed this action pursuant to 42 U.S.C.
§ 1983 and the Americans with Disabilities Act, 42 U.S.C. § 1201, et seq.,
addressing incidents that allegedly occurred at the Alexander Correctional
Institution. [Doc. 1]. On September 7, 2021, the Complaint was dismissed
on initial review because the Plaintiff had failed to state a claim against any
Defendant. [See Doc. 10]. The Plaintiff was granted 30 days within which
to amend the Complaint to correct its deficiencies and properly state a claim
upon which relief can be granted. He was cautioned that the failure to timely
amend the Complaint would result in this action’s dismissal without prejudice
and without further notice. [Id.].
The Plaintiff has failed to amend the Complaint, and the time to do so
has expired. The Plaintiff appears to have abandoned this action, and the
Court is unable to proceed. This case will therefore be dismissed without
prejudice. See Fed. R. Civ. P. 41(b) (“If the plaintiff fails to prosecute or to
comply with these rules or a court order, a defendant may move to dismiss
the action or any claim against it.”); Link v. Wabash R.R. Co., 370 U.S. 626,
630-33 (1962) (although Rule 41(b) does not expressly provide for sua
sponte dismissal, Rule 41(b) does not imply any such restriction and a court
has the inherent power to dismiss a case for lack of prosecution or violation
of a court order).
IT IS, THEREFORE, ORDERED that this action is DISMISSED
WITHOUT PREJUDICE.
The Clerk of Court is respectfully directed to terminate this action.
IT IS SO ORDERED. _ Signed: October 26, 2021
Ct ey
Chief United States District Judge AS